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To: Earlie who wrote (87244)	3/28/2001 9:26:49 PM
From: Ilaine	Read Replies (3) \| Respond to of 436258

Earlie, with all due respect, losing a Rule 12(b)(5) motion for failure to state a ground upon which relief can be granted is the least of their worries. They're looking at a Rule 11 motion for sanctions. The sovereign immunity of the United States Government when implementing its constitutionally mandated duties is so well established as to be beyond peradventure. Try to think of imagine whether you could sue the Federal Reserve for raising or lowering interest rates, or sue the US Supreme Court for ruling in favor of Bush. It's just silly. It doesn't matter whether it's a good policy or a bad policy, or whether it hurts people or helps people. The courts don't have jurisdiction to decide what policy decisions the legislative and executive branches should persue. If there's a rule and someone breaks it then you can take them to court. That's it. If I am right, then as soon as the defendants are served they'll respond with their motions and the court won't even bother scheduling oral argument before granting dismissal as to the federal defendants.

To: Earlie who wrote (87244)	3/28/2001 9:41:10 PM
From: Ilaine	Read Replies (1) \| Respond to of 436258

Just to clarify, I haven't seen the Complaint so I don't know whether there's any way the claims against the non-US government institutions will survive. The BIS is in Basle, and the other unnamed central banks are in other countries, I don't know whether they can be sued here or whether the Plaintiff will have to file suit in another country. The allegation that gold prices are low and therefore there must be collusion doesn't seem strong enough to form the basis of a suit.